Monday, 30 March 2015

How false accusations can destroy lives


 

 
 
Accused victim: American-born BBC DJ Paul Gambaccini has been cleared of what he says has been a nightmare of false accusations made against him. Photo - Wikipedia.org

 
 
It all comes down to substantiation or (proof).

The experience of having sustained the effects of false accusations for a year, American DJ Paul Gambaccini, who has worked in the British media industry and resided in the country for many years, is quite heart-felt in speaking about what happened to him in being falsely accused and he is adamant that he does not want to see other people go through what he went through, before his name was cleared and he managed to get some but not all, of his life back.


Of course, in some cases different to Gambaccini’s, not every situation where a person has been cleared, necessarily means the evidence isn’t there, it may mean that it just hasn’t surfaced.

However, in this case, Gambaccini has definitely been cleared of the allegations made against him and he feels for other celebrities who he believes may be having to walk down the same nightmare path he has.

Another even more disturbing case of false allegation is US father, Daryl Kelly’s really scary story written by Jennifer Gonnerman from the New York News & Politics magazine in December, 2013.This is just how bad it can get being the victim of a false accusation and when something really goes belly up in the justice system:


Here are some valuable tips to help people who may be wrongfully accused, from The Law Dictionary:


How to handle being wrongfully accused

People can be devastated by being wrongfully accused of something and they can be caught off guard, leading to errors that can be extremely costly in the long run.

It is essential to ensure you are taking the right steps to protect yourself against potential loss.

Take action immediately:

It is important not to go into denial. Face up to what is happening immediately and directly. Try to hire a lawyer before any formal legal action can take place.

It is then the lawyer’s job to advise the client on the following steps:

This may include filing a pre-emptive police report. In many situations, the person who files the initial report is viewed as the victim rather than the perpetrator regardless of the circumstances.

You need to take your Right to Remain Silent:

People rarely know in advance of false accusation/s of a crime. Police raids are unexpected or they serve papers suddenly. When this happens, it is essential that all parties remain silent until a lawyer can be present. Help with the details will come from your legal counsel who will also get rid of any possibility of mistakes being made under the situation of duress.

Refuse Unwarranted Searches

Warrants make the difference between property searches carried out with the accused’s formal permission and when it is not. In the case of a trial, the police are required to adhere to the rules set out in the warrant. When verbal only permission is given, these rules are not necessarily followed.

Get yourself the best lawyer possible:

It is an expensive business proving you are innocent but the best lawyer could mean the difference between being found innocent and being wrongfully convicted of a crime.

Hire a lawyer who is experienced in this type of crime.

If money is an issue, ensure you stay involved in the situation and don’t just rely on the ability of the lawyer in this case.

Paper trail keeping is important:

Keep filed in a safe place documented record of each and every conversation and everything that happens.

Use a tape recorder with all conversations per phone between the accused and other people. Keep documented record of everything about the case and after it.

Documents may hold valuable information that may exonerate the victim.

Don’t go for plea bargains:

Because courts are very busy some accused are offered a plea bargain.

Although these may seem a good option to push things along faster, they are considered admitting guilt which can affect significant areas of the accused’s life such as getting jobs, credit, parental rights and the list goes on.

Seek financial relief for costs:

Defending a wrongful accusation in court may incur massive amounts of money in court costs and legal fees.

Likewise, the accused may lose his/her job which makes life difficult financially.

Even once innocence has been proven, the accused’s reputation may be tarnished for life and the personal life significantly affected.

A person falsely accused can sue for financial compensation and have an official acknowledgement of the wrongful accusation.





 

 

 

 

 

 

2 comments:

  1. Sometimes innocent people end up being convicted of crimes they didn't commit based on false testimony and a flawed judicial system or end up losing everything because of the manipulations of others with agendas based on greed. I know I've witnessed both of those kind of events personally right here in Northland.

    ReplyDelete
    Replies
    1. Yes, it's interesting the points made in regard to the questions that were asked of Gambaccini's friends during his experience and people who may be going after celebrities for financial gain.

      Delete